Item R6C ounty of M onroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Key
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
August 15, 2018
Agenda Item Number: R.6
Agenda Item Summary #4547
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Emily Schemper (305) 289 -2506
3:00 PM
AGENDA ITEM WORDING: Approval of ordinance extending interim development ordinance
011-2017, for 365 days, to defer the transfer of market rate ROGO exemptions, until the Land
Development Code is amended to limit the transfer of market rate ROGO exemptions to platted lots
within the Improved Subdivision (IS) or Urban Residential Mobile -Home (URM) land use districts,
not within a working waterfront, for the development of single family detached dwelling units.
ITEM BACKGROUND:
On July 19, 2017, the Monroe County Board of County Commissioners adopted interim
development Ordinance 011 -2017 which imposed a temporary moratorium deferring the approval
of new private applications or received applications that are not yet approved, proposing to utilize
Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b)
(Transfer of ROGO exemptions off site) to transfer market rate units to another location.
On July 18, 2018 at a regularly scheduled meeting in Marathon, the Monroe County BOCC adopted
a resolution that reduced the scope of interim development ordinance (IDO) 011 -2017 to allow for
the transfer of market -rate units utilizing Monroe County Code Section 139 -2 (Affordable Housing
Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) in certain limited
situations.
The proposed amendment to Ordinance 011 -2017 would maintain the moratorium except to allow
the transfer of market rate ROGO exemptions pursuant to Section 139 -2 (Affordable Housing
Incentive Program) and /or Section 138 -22(b) (Transfer of ROGO Exemptions Off -Site) only to
receiver properties that meet all of the following criteria:
1. receiver site is designated as Tier III; and
2. receiver site is a legally platted lot; and
3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District; and
4. receiver site is located within the same ROGO planning subarea as the sender site; and
5. receiver site property is not a working waterfront.
At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed the
proposed interim development Ordinance and recommended approval through Resolution P21 -18.
PREVIOUS RELEVANT BOCC ACTION:
The Board of County Commissioners on February 15, 2017, directed staff to impose a temporary
moratorium upon certain development applications proposing to utilize Monroe County Code
Section 139 -2 (affordable housing incentive program) to transfer ROGO exemptions from mobile
homes to another location.
The Board of County Commissioners adopted Resolution 088 -2017, on March 15, 2017, directing
staff to process an ordinance to impose a temporary moratorium deferring the approval of new
private applications or received applications that are not yet approved, proposing to utilize Monroe
County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer
of ROGO exemptions off site) to transfer market rate units to another location.
On July 19, 2017, the BOCC adopted interim development Ordinance 011-2017, to defer the
approval of new private applications or received applications that have not been fully approved
utilizing Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer
ROGO exemptions from mobile homes to another location, or Section 138 -22(b) to transfer off -site
market rate units to another location, commencing March 15, 2017, until the Land Development
Code is amended to limit the transfer of ROGO exemptions from mobile homes to only Tier III
designated platted lots within the Improved Subdivision (IS) land use district or the Urban
Residential Mobile -Home (URM) land use district and within the same ROGO planning subarea for
the development of single family detached dwelling units and the receiver property shall not be a
working waterfront; as recommended of the Affordable Housing Advisory Committee and the
BOCC; providing for expiration within 365 days of the effective date of the interim development
ordinance or when the land development code amendments become effective, whichever comes first.
CONTRACT /AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
STAMPED Ordinance (8 7 18)
2018- 089_Staff Report
Ex. l_Ordinance 011 -2017
Ex.2 Reso.P21 -18
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
REVIEWED BY:
Emily Schemper
Completed
Steve Williams
Completed
Budget and Finance
Completed
Maria Slavik
Completed
Assistant County Administrator Christine
Hurley
07/30/2018 11:24 AM
Kathy Peters
Completed
Board of County Commissioners
Pending
07/27/2018 3:41 PM
07/27/2018 4:45 PM
07/27/2018 4:52 PM
07/30/2018 9:56 AM
Completed
07/30/2018 3:11 PM
08/15/2018 9:00 AM
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H
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. -2018
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT ORDINANCE
AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH ORDINANCE
011 -2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE APPROVAL OF
NEW PRIVATE APPLICATIONS OR RECEIVED APPLICATIONS THAT
HAVE NOT BEEN FULLY APPROVED UTILIZING MONROE COUNTY CODE
SECTION 139 -2 (AFFORDABLE HOUSING INCENTIVE PROGRAM) TO
TRANSFER ROGO EXEMPTIONS FROM MOBILE HOMES TO ANOTHER
LOCATION, OR SECTION 138 -22(B) TO TRANSFER OFF -SITE MARKET
RATE UNITS TO ANOTHER LOCATION, COMMENCING OCTOBER 27,
2018, UNTIL THE LAND DEVELOPMENT CODE IS AMENDED TO LIMIT
THE TRANSFER OF ROGO EXEMPTIONS FROM MOBILE HOMES TO
ONLY TIER III DESIGNATED PLATTED LOTS WITHIN THE IMPROVED
SUBDIVISION (IS) LAND USE DISTRICT OR THE URBAN RESIDENTIAL
MOBILE -HOME (URM) LAND USE DISTRICT AND WITHIN THE SAME
ROGO PLANNING SUBAREA FOR THE DEVELOPMENT OF SINGLE
FAMILY DETACHED DWELLING UNITS AND THE RECEIVER PROPERTY
SHALL NOT BE A WORKING WATERFRONT; AS RECOMMENDED BY THE
AFFORDABLE HOUSING ADVISORY COMMITTEE AND THE BOCC;
PROVIDING FOR EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE
DATE OF THIS INTERIM DEVELOPMENT ORDINANCE OR WHEN THE
LAND DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE. (FILE 2018 -089)
37 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088 -2017,
38 at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to
39 impose a temporary moratorium deferring the approval of new private applications or received
40 applications that are not yet approved, proposing to utilize Monroe County Code Section 139 -2
41 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to
File 2018 -089 Page 1 of 7
I transfer market rate units to another location; and
2
3 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
4 February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
5 development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing
6 incentive program) to transfer ROGO exemptions from mobile homes to another location; and
7
8 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
9 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
10 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
11 development; and
12
13 WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County adopted
14 Ordinance 014 -2008, which amended the Monroe County Code to re- establish the Affordable Housing
15 Advisory Committee, including its assigned duties; and
16
17 WHEREAS, Monroe County Code Section 2 -701 includes the specific duties of the Affordable
18 Housing Advisory Committee; and
19
20 WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of
21 August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County Board
22 of County Commissioners for professional services on Affordable Workforce Housing Stakeholder
23 Assessment; and
24
25 WHEREAS, at a regular meeting held on the 20 of May, 2015, the Board of County
26 Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder Assessment
27 Report generated by FCRC Consensus Center, FSU, dated Apri 12015; and
28
29 WHEREAS, at a regular meeting held on the 20 of May, 2015, the Board of County
30 Commissioners adopted Resolution 139 -2015 assigning additional duties to the Affordable Housing
31 Advisory Committee; and
32
33 WHEREAS, at a regular meeting held on the 10 of June, 2015, the Board of County
34 Commissioners adopted Ordinance 014 -2015 amending Section 2 -700 of the Monroe County Code to
35 establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend
36 Resolution 139 -2015 to add one additional duty to the committee; and
37
38 WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted
39 Resolution 01 -2015, providing recommendations on the first three tasks assigned to the committee for the
40 development of a workforce housing development plan; and
41
File 2018 -089 Page 2 of 7
I WHEREAS, at a regular meeting held on the 17 of November, 2015, the Board of County
2 Commissioners adopted Resolution 393 -2015, supporting and encouraging collaboration between the
3 County of Monroe and incorporated municipalities of Monroe County on addressing the issues of
4 affordable and workforce housing; and
5
6 WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted
7 Resolution 02 -2015, recommending to the Board of County Commissioners an amendment to the Local
8 Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act; and
9
10 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 403-
11 2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the State
12 Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing Finance
13 Corporation; and
14
15 WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee recommended
16 to the Board of County Commissioners a Review of Surplus Land Inventory and Inventory List and
17 provided an inventory of county -owned real property which may be appropriate for affordable housing;
18 and
19
20 WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution 404-
21 2015, approving the inventory of county -owned real property which may be appropriate for affordable
22 housing; and
23
24 WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted
25 Resolution 03 -2015, recommending that the Board of County Commissioners support and fund a nexus
26 study as the first step in considering the expansion of the County residential inclusionary housing program
27 to cover transient and commercial development in the County; and
28
29 WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution
30 01 -2016, providing 33 recommendations to the Board of County Commissioners on the issues included in
31 their charge; and
32
33 WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory Committee's
34 adopted Resolution 01 -2016 (33 recommendations) to the BOCC and the BOCC approved contracts for
35 studies to support an inclusionary housing requirement to cover transient and commercial development as
36 well as requested staff to schedule a special meeting to discuss the remaining recommendations; and
37
38 WHEREAS, on a special meeting on December 6, 2016, the BOCC reviewed and discussed the
39 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff to
40 research certain items, implement certain items and process amendments to the land development code;
41 and
File 2018 -089 Page 3 of 7
I WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff to
2 amend Monroe County Code Section 139 -2 (affordable housing incentive program), as recommended by
3 the Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile
4 homes to only Tier III designated platted lots within the Improved Subdivision (IS) land use district and
5 within the same ROGO planning subarea for the development of single family detached dwelling units;
6 and
7
8 WHEREAS, the County's updated land development code became effective on February 3, 2017;
9 and
10
11 WHEREAS, an ordinance addressing the interim time period between the current adopted land
12 development code and the adoption of the amendment to Section 139 -2 as recommended of the
13 Affordable Housing Advisory Committee and the BOCC, is necessary to ensure that the new code
14 requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
15 unincorporated Monroe County, including the provision of public participation in the planning process;
16 and
17
18 WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
19 February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
20 development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing
21 incentive program) to transfer ROGO exemptions from mobile homes to another location; and
22
23 WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088 -2017,
24 at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an ordinance to
25 impose a temporary moratorium deferring the approval of new private applications or received
26 applications that are not yet approved, proposing to utilize Monroe County Code Section 139 -2
27 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to
28 transfer market rate units to another location; and
W
30 WHEREAS, the Monroe County Board of County Commissioners adopted Ordinance Olt -2017
31 at a regular meeting on July 19, 2017 in Marathon, Florida, imposing a temporary moratorium deferring
32 the approval of new private applications or received applications that are not yet approved, proposing to
33 utilize Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138 -22(b)
34 (Transfer of ROGO exemptions off site) to transfer market rate units to another location; and
35
36 WHEREAS, on April 19, 2018, at the regularly scheduled meeting, the BOCC gave direction to
37 staff to process proposed text amendments to the Comprehensive Plan and Land Development Code to
38 incentivize the development of affordable housing by allowing the issuance of affordable housing ROGO
39 allocations to Tier I, Tier II, Tier III and Tier III -A designated parcels in order to replace market rate
40 dwelling units with a deed - restricted affordable housing dwelling units; and
41
File 2018 -089 Page 4 of 7
I WHEREAS, since the adoption of Ordinance Olt -2017, there have been instances in which an
2 applicant seeks to transfer an existing market -rate ROGO exemption to an off -site location and redevelop
3 the property with a deed - restricted affordable dwelling unit; and
4
5 WHEREAS, the interim development Ordinance 011-2017 prohibits the ability to transfer the
6 market -rate ROGO exemption at this time, and therefore does not allow the owner to realize the full
7 potential of the incentives the BOCC wishes to offer for redevelopment of homes with deed restricted
8 affordable units; and
9
10 WHEREAS, on July 18, 2018 the BOCC reduced the scope of Ordinance 011 -2017 so that market
11 rate ROGO transfers consistent with the intent of the adopted moratorium may be allowed at this time,
12 prior to adoption of the directed land development code amendments through a separate adopted
13 resolution; and
14
15 WHEREAS, on June 26, 2018, the Monroe County Development Review Committee (DRC)
16 reviewed the proposed interim development ordinance; and
17
18 WHEREAS, at a regularly scheduled meeting held on July 25, 2018, the Monroe County Planning
19 Commission held a public hearing for the purpose of considering the proposed interim development
20 ordinance and provided for public comment; and
21
22 WHEREAS, the Monroe County Planning Commission adopted Resolution No. P21 -18
23 recommending approval of the proposed interim development ordinance; and
24
25 WHEREAS, Monroe County policies and regulations adopted in the Monroe County
26 Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of the
27 citizens of the Florida Keys and to strengthen our local government capability to manage land use and
28 development; and
29
30 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
31 OF MONROE COUNTY:
32
33 Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resources Department
34 shall defer the approval of new private applications or received applications that are not yet approved,
35 commencing October 27, 2018, utilizing:
36 1. Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) to transfer ROGO
37 exemptions from mobile homes to another location; or
38 2. Monroe County Code Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer
39 market rate units after an affordable housing unit has been awarded to another location until the
40 Land Development Code is amended to:
41
File 2018 -089 Page 5 of 7
I a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the
2 following criteria:
3 i. receiver site is a Tier III designated platted lot; and
4 ii. receiver site is a platted lot within the Improved Subdivision (IS) Land Use District
5 or the Urban Residential Mobile Home (URM) Land Use District; and
6 iii. receiver site is a platted lot located within the same ROGO planning subarea; and
7 iv. receiver site property is not a working waterfront;
8 as recommended by the Affordable Housing Advisory Committee and the BOCC; Providing for
9 expiration within 365 days of the effective date of this ordinance or when the Land Development Code
10 amendments become effective, whichever comes first.
11
12 Notwithstanding the foregoing, the Monroe County Planning and Environmental Resources Department
13 shall accept and consider new private applications or received applications that are not yet approved,
14 commencing upon the effective date of this ordinance utilizing either (1) Land Development Code Section
15 139 -2 (Affordable Housing Incentive Program) to transfer lawfully established market rate ROGO
16 exemptions from mobile homes to another location; or (2) Land Development Code Section 138 -22(b)
17 (Transfer of ROGO exemptions off site) to transfer lawfully established market rate units to an eligible
18 receiver site when the following criteria is met:
19
20 1. receiver site is designated as Tier III; and
21 2. receiver site is a legally platted lot; and
22 3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
23 Residential Mobile Home (URM) Land Use District; and
24 4. receiver site is located within the same ROGO planning subarea as the sender site; and
25 5. receiver site property is not a working waterfront.
26
27 Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless dissolved
28 earlier by the Board of County Commissioners, shall automatically dissolve upon the adoption of Land
29 Development Code amendments. In no event, however, shall the moratorium imposed by this Ordinance
30 extend beyond 365 days from the effective date of this ordinance.
31
32 Section 3. Severability. The provisions of this Ordinance are declared to be severable and if any
33 section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or
34 unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses,
35 and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this
36 Ordinance shall stand notwithstanding the invalidity of any part.
37
38 Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
39 Agency as required by F.S. 380.05(l1) and F.S. 380.0552(9).
40
41 Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land
File 2018 -089 Page 6 of 7
I development regulation" as State law defines that term. This ordinance shall be filed in the Office of the
2 Secretary of State of Florida, but shall not become effective until a notice is issued by the State Land
3 Planning Agency or Administration Commission finding the amendment in compliance, and if challenged
until such challenge is resolved pursuant to Chapter 120, F.S.
5
6 P ASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a
7 regular meeting of the Board held on the day of , 2018.
8
9
0 Mayor David Rice, District 4
1 Mayor Pro Tern Sylvia J. Murphy, District 5
2 Danny L. Kolhage, District 1.
3 George Neugent, District
4 Heather Carruthers, District 3
Attest: KEVIN Mr"Ar__,,0K, CLERK
Deputy Clerk.
BOARD OF COUNT COMMISSIONERS
OF M NROE COUNTY, FLORIDA
M
Mayor David Rice
(SEAL)
' . OE COUNTY ATT et a'
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File 2018 -089 Page 7 of 7
Packet Pg. 2113
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental
Resources
From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
Date: July 24, 2018
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT
ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 011 -2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE
APPROVAL OF NEW PRIVATE APPLICATIONS OR RECEIVED
APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED UTILIZING
MONROE COUNTY CODE SECTION 139 -2 (AFFORDABLE HOUSING
INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM
MOBILE HOMES TO ANOTHER LOCATION, OR SECTION 138 -22(b) TO
TRANSFER OFF -SITE MARKET RATE UNITS TO ANOTHER LOCATION,
COMMENCING OCTOBER 27, 2018, UNTIL THE LAND DEVELOPMENT
CODE IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS
FROM MOBILE HOMES TO ONLY TIER III DESIGNATED PLATTED
LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT
OR THE URBAN RESIDENTIAL MOBILE -HOME (URM) LAND USE
DISTRICT AND WITHIN THE SAME ROGO PLANNING SUBAREA FOR
THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING
UNITS AND THE RECEIVER PROPERTY SHALL NOT BE A WORKING
WATERFRONT; AS RECOMMENDED BY THE AFFORDABLE HOUSING
ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR
EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS
INTERIM DEVELOPMENT ORDINANCE OR WHEN THE LAND
DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE. (File 2018 -089)
Meeting: August 15, 2018
File No. 2018 -089 Page 1 of 4
� 1
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5 k
MEMORANDUM
MONROE COUNTY PLANNING & ENVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Emily Schemper, AICP, CFM, Acting Senior Director of Planning & Environmental
Resources
From: Cheryl Cioffari, AICP, Comprehensive Planning Manager
Date: July 24, 2018
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS EXTENDING AN INTERIM DEVELOPMENT
ORDINANCE AS INITIALLY ESTABLISHED ON JULY 19, 2017 THROUGH
ORDINANCE 011 -2017 FOR AN ADDITIONAL 365 DAYS TO DEFER THE
APPROVAL OF NEW PRIVATE APPLICATIONS OR RECEIVED
APPLICATIONS THAT HAVE NOT BEEN FULLY APPROVED UTILIZING
MONROE COUNTY CODE SECTION 139 -2 (AFFORDABLE HOUSING
INCENTIVE PROGRAM) TO TRANSFER ROGO EXEMPTIONS FROM
MOBILE HOMES TO ANOTHER LOCATION, OR SECTION 138 -22(b) TO
TRANSFER OFF -SITE MARKET RATE UNITS TO ANOTHER LOCATION,
COMMENCING OCTOBER 27, 2018, UNTIL THE LAND DEVELOPMENT
CODE IS AMENDED TO LIMIT THE TRANSFER OF ROGO EXEMPTIONS
FROM MOBILE HOMES TO ONLY TIER III DESIGNATED PLATTED
LOTS WITHIN THE IMPROVED SUBDIVISION (IS) LAND USE DISTRICT
OR THE URBAN RESIDENTIAL MOBILE -HOME (URM) LAND USE
DISTRICT AND WITHIN THE SAME ROGO PLANNING SUBAREA FOR
THE DEVELOPMENT OF SINGLE FAMILY DETACHED DWELLING
UNITS AND THE RECEIVER PROPERTY SHALL NOT BE A WORKING
WATERFRONT; AS RECOMMENDED BY THE AFFORDABLE HOUSING
ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR
EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS
INTERIM DEVELOPMENT ORDINANCE OR WHEN THE LAND
DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE. (File 2018 -089)
Meeting: August 15, 2018
File No. 2018 -089 Page 1 of 4
L REQUEST
The Monroe County Planning & Environmental Resources is proposing a 365 -day extension to an
approved interim development ordinance (IDO), Ordinance 011 -2017, which imposed a temporary
moratorium deferring the approval of new private applications or received applications that are not
yet approved, proposing to utilize Monroe County Code Section 139 -2 (Affordable Housing
Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer market
rate units to another location.
II. BACKGROUND INFORMATION
On July 22, 2016, the Affordable Housing Advisory Committee adopted Resolution 01 -2016
providing 33 recommendations to the Board of County Commissioners on the issues included in
their charge.
On August 17, 2016, staff presented the Affordable Housing Advisory Committee's adopted
Resolution 01 -2016 (33 recommendations) to the BOCC and the BOCC approved contracts for
studies to support and inclusionary housing requirement to cover transient and commercial
development as well as requested staff to schedule a special meeting to discuss the remaining
recommendations.
At a special meeting on December 6, 2016, the BOCC reviewed and discussed the 33
recommendations provided by the Affordable Housing Advisory Committee and directed staff to
research certain items, implement certain items and process amendments to the land development
code.
At a special meeting on December 6, 2016, the BOCC specifically directed staff to amend Monroe
County Code Section 139 -2 (affordable housing incentive program), as recommended by the
Affordable Housing Advisory Committee, to limit the transfer of ROGO exemptions from mobile
homes to only tier III designated platted lots within the Improved Subdivision (IS) land use district
and within the same ROGO planning subarea for the development of single family detached
dwelling units.
On April 13, 2016, at a special public meeting, the BOCC adopted the Land Development Code
to be consistent with the Monroe County Year 2030 Comprehensive Plan. On July 26, 2016, DEO
published Final Order DEO -16 -130 in the Florida Administrative Register approve the Monroe
County Land Development Code (Ordinance 006 - 2016). On August 10,2016, the Petitioners filed
a Petition with DEO challenging the DEO Final Order. On November 22, 2016, the BOCC adopted
an ordinance amending Section 130 -165 to resolve the Petition challenging the DEO issued Final
Order, satisfying a stipulated settlement agreement and allowing the Monroe County Land
Development Code to become effective. The County's updated land developed code became
effective on February 3, 2017.
The Monroe County Board of County Commissioners, at a regular meeting on February 15, 2017
in Key West, Florida, directed staff to impose a temporary moratorium upon certain development
applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing incentive
program) to transfer ROGO exemptions from mobile homes to another location.
File No. 2018 -089 Page 2 of 4
The Monroe County Board of County Commissioners adopted Resolution 088 -2017, at a regular
meeting on March 15, 2017 in Key Largo, Florida, directing staff to process an ordinance to impose
a temporary moratorium deferring the approval of new private applications or received applications
that are not yet approved, proposing to utilize Monroe County Code Section 139 -2 (Affordable
Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) to
transfer market rate units to another location.
On July 19, 2017, the BOCC adopted interim development Ordinance Olt -2017, to defer the
approval of new private applications or received applications that have not been fully approved
utilizing Monroe County Code Section 139 -2 (affordable housing incentive program) to transfer
ROGO exemptions from mobile homes to another location, or Section 138 -22(b) to transfer off -
site market rate units to another location, commencing March 15, 2017, until the Land
Development Code is amended to limit the transfer of ROGO exemptions from mobile homes to
only Tier III designated platted lots within the Improved Subdivision (IS) land use district or the
Urban Residential Mobile -Home (URM) land use district and within the same ROGO planning
subarea for the development of single family detached dwelling units and the receiver property
shall not be a working waterfront; as recommended of the Affordable Housing Advisory
Committee and the BOCC; providing for expiration within 365 days of the effective date of the
interim development ordinance or when the land development code amendments become effective,
whichever comes first. Ordinance 011-2017 is due to expire on October 27, 2018. Staff is
continuing to work on the necessary text amendments.
On September 10, 2017, Hurricane Irma made landfall in the Florida Keys. Significant damage
occurred to the housing stock, particularly in areas with lower cost housing options for members
of the local workforce. Due to the need to rebuild a substantial number of homes throughout the
County, and the objective to maintain affordability while rebuilding a resilient housing stock, both
private and public agencies and property owners are engaged in redevelopment activities that may
require or benefit from the transfer of market rate ROGO exemptions. Potential motivation to
transfer market rate ROGO exemptions includes, but is not limited to: vulnerability of sender sites
to future storm damage; overcrowding of dwelling units on pre -storm housing sites; availability of
funding for specific project types and locations; opportunities to replace market rate housing with
deed restricted affordable housing to maintain workforce housing stock; and the potential to
leverage market rate ROGO transfers in order to fund efforts to reconstruct affordable units.
Additionally, on April 19, 2018 at the regularly scheduled Board of County Commissioners
meeting, the BOCC gave direction to staff to process proposed text amendments to the
Comprehensive Plan and Land Development Code to incentivize the development of affordable
housing by allowing the issuance of affordable housing ROGO allocations to Tier I, Tier II, Tier
III and Tier III -A designated parcels in order to replace market rate dwelling units with a deed -
restricted affordable housing dwelling units.
Since the adoption of Ordinance 011 -2017, there have been instances in which an applicant seeks
to transfer an existing market -rate unit to an off -site location and redevelop the property with a
deed - restricted affordable dwelling unit. However, the interim development Ordinance 011 -2017
prohibits the ability to transfer the market -rate unit at this time, and therefore does not allow the
owner to realize the full potential of the incentives the BOCC wishes to offer for redevelopment
of homes with deed restricted affordable units.
On July 18, 2018 at a regularly scheduled meeting in Marathon, the Monroe County BOCC adopted
File No. 2018 -089 Page 3 of 4
a resolution that reduced the scope of interim development ordinance (IDO) 011 -2017 to allow for
the transfer of market -rate units utilizing Monroe County Code Section 139 -2 (Affordable Housing
Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off site) in certain limited
situations.
The amendment to Ordinance 011 -2017 maintains the moratorium except to allow the transfer of
market rate ROGO exemptions pursuant to Section 139 -2 (Affordable Housing Incentive Program)
and /or Section 138 -22(b) (Transfer of ROGO Exemptions Off -Site) only to receiver properties that
meet all of the following criteria:
1. receiver site is designated as Tier III; and
2. receiver site is a legally platted lot; and
3. receiver site is within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile Home (URM) Land Use District; and
4. receiver site is located within the same ROGO planning subarea as the sender site; and
5. receiver site property is not a working waterfront.
Staff is continuing to work on BOCC directed amendments related to limiting the transfer of ROGO
exemptions from mobile homes to only Tier III designated platted lots within the Improved
Subdivision (IS) land use district or the Urban Residential Mobile -Home (URM) land use district
and within the same ROGO planning subarea for the development of single family detached
dwelling units where the receiver site is not be a working waterfront; as recommended of the
Affordable Housing Advisory Committee and the BOCC.
Development Review Committee and Public Input
The interim development Ordinance was considered and provided for public comment at a regular
Development Review Committee (DRC) meeting on July 24, 2018.
Planning Commission
At a regular meeting held on July 25, 2018, the Monroe County Planning Commission reviewed
the proposed interim development Ordinance and recommended approval through Resolution P21-
18.
III. STAFF RECOMMENDATION
Staff recommends approval of the extension to the IDO.
The IDO provides a period of time between the current adopted comprehensive plan and land
development code and the adoption of any new amendment(s) [new definitions and /or other code
requirements] to ensure that the amendments are fully evaluated to ensure public health, safety,
and welfare of the citizens of unincorporated Monroe County, including the provision of public
participation in the planning process.
IV. EXHIBITS
1. Ordinance 01 1 -2017
2. Planning Commission Resolution P21 -18
File No. 2018 -089 Page 4 of 4
MONROE COUNTY, FLORIDA
ORDINANCE Oil -2017
AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS TO DEFER THE APPROVAL OF NEW PRIVATE
APPLICATIONS OR RECEIVED APPLICATIONS THAT HAVE NOT BEEN
FULLY APPROVED UTILIZING MONROE COUNTY CODE SECTION 139 -2
(AFFORDABLE HOUSING INCENTIVE PROGRAM) TO TRANSFER ROGO
EXEMPTIONS FROM MOBILE HOMES TO ANOTHER LOCATION, OR
SECTION 138 -22(b) TO TRANSFER OFF -SITE MARKET RATE UNITS TO
ANOTHER LOCATION, COMMENCING MARCH 15, 2017, UNTIL THE
LAND DEVELOPMENT CODE IS AMENDED TO LIMIT THE TRANSFER OF
ROGO EXEMPTIONS FROM MOBILE HOMES TO ONLY TIER III
DESIGNATED PLATTED LOTS WITHIN THE IMPROVED SUBDIVISION
(IS) LAND USE DISTRICT OR THE URBAN RESIDENTIAL MOBILE -HOME
(URM) LAND USE DISTRICT AND WITHIN THE SAME ROGO PLANNING
SUBAREA FOR THE DEVELOPMENT OF SINGLE FAMILY DETACHED
DWELLING UNITS AND THE RECEIVER PROPERTY SHALL NOT BE A
WORKING WATERFRONT; AS RECOMMENDED OF THE AFFORDABLE
HOUSING ADVISORY COMMITTEE AND THE BOCC; PROVIDING FOR
EXPIRATION WITHIN 365 DAYS OF THE EFFECTIVE DATE OF THIS
INTERIM DEVELOPMENT ORDINANCE OR WHEN THE LAND
DEVELOPMENT CODE AMENDMENTS BECOME EFFECTIVE,
WHICHEVER COMES FIRST; PROVIDING FOR SEVERABILITY;
PROVIDING FOR TRANSMITTAL TO THE STATE LAND PLANNING
AGENCY AND THE SECRETARY OF STATE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-
2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
ordinance to impose a temporary moratorium deferring the approval of new private applications or
received applications that are not yet approved, proposing to utilize Monroe County Code Section 139-
2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off
site) to transfer market rate units to another location; and
WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing
incentive program) to transfer ROGO exemptions from mobile homes to another location; and
2017 -054 Page 1 of 5
WHEREAS, Monroe County policies and regulations adopted in the Monroe County
Comprehensive Plan and Land Development Code are to maintain public health, safety, and welfare of
the citizens of the Florida Keys and to strengthen our local government capability to manage land use
and development; and
WHEREAS, on May 21, 2008, the Board of County Commissioners of Monroe County
adopted Ordinance 014 -2008, which amended the Monroe County Code to re- establish the Affordable
Housing Advisory Committee, including its assigned duties; and
WHEREAS, Monroe County Code Section 2 -701 includes the specific duties of the
Affordable Housing Advisory Committee; and
WHEREAS, the Board of County Commissioners, at a regular meeting held on the 20th of
August, 2014, approved an agreement between FCRC Consensus Center, FSU, and Monroe County
Board of County Commissioners for professional services on Affordable Workforce Housing
Stakeholder Assessment; and
WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County
Commissioners reviewed and discussed the Monroe County Workforce Housing Stakeholder
Assessment Report generated by FCRC Consensus Center, FSU, dated April 2015; and
WHEREAS, at a regular meeting held on the 20th of May, 2015, the Board of County
Commissioners adopted Resolution 139 -2015 assigning additional duties to the Affordable Housing
Advisory Committee; and
WHEREAS, at a regular meeting held on the 10th of June, 2015, the Board of County
Commissioners adopted Ordinance 014 -2015 amending Section 2 -700 of the Monroe County Code to
establish the 14 members of the Affordable Housing Advisory Committee and directed staff to amend
Resolution 139 -2015 to add one additional duty to the committee; and
WHEREAS, on October 16, 2015, the Affordable Housing Advisory Committee adopted
Resolution 01 -2015, providing recommendations on the first three tasks assigned to the committee for
the development of a workforce housing development plan; and
WHEREAS, at a regular meeting held on the 17th of November, 2015, the Board of County
Commissioners adopted Resolution 393 -2015, supporting and encouraging collaboration between the
County of Monroe and incorporated municipalities of Monroe County on addressing the issues of
affordable and workforce housing; and
WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee adopted
Resolution 02 -2015, recommending to the Board of County Commissioners an amendment to the
Local Housing Assistance Plan, as required by the State Housing Initiatives Partnership Program Act;
and
WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution
403 -2015, approving the amendment to the Local Housing Assistance Plan (LHAP), as required by the
State Housing Initiatives Partnership Program Act and submission of the LHAP to the Florida Housing
Finance Corporation; and
2017 -054 Page 2 of 5
WHEREAS, on November 20, 2015, the Affordable Housing Advisory Committee
recommended to the Board of County Commissioners a Review of Surplus Land Inventory and
Inventory List and provided an inventory of county -owned real property which may be appropriate for
affordable housing; and
WHEREAS, on December 9, 2015, the Board of County Commissioners adopted Resolution
404 -2015, approving the inventory of county -owned real property which may be appropriate for
affordable housing; and
WHEREAS, on January 22, 2016, the Affordable Housing Advisory Committee adopted
Resolution 03 -2015, recommending that the Board of County Commissioners support and fund a nexus
study as the first step in considering the expansion of the current County residential inclusionary
housing program to cover transient and commercial development in the County; and
WHEREAS, on July 22, 2016, the Affordable Housing Advisory Committee adopted
Resolution 01 -2016, providing 33 recommendations to the Board of County Commissioners on the
issues included in their charge; and
WHEREAS, on August 17, 2016, staff presented the Affordable Housing Advisory
Committee's adopted Resolution 01 -2016 (33 recommendations) to the BOCC and the BOCC
approved contracts for studies to support an inclusionary housing requirement to cover transient and
commercial development as well as requested staff to schedule a special meeting to discuss the
remaining recommendations; and
WHEREAS, on a special meeting on December 6, 2016, the BOCC reviewed and discussed
the 33 recommendations provided by the Affordable Housing Advisory Committee and directed staff
to research certain items, implement certain items and process amendments to the land development
code; and
WHEREAS, on a special meeting on December 6, 2016, the BOCC specifically directed staff
to amend Monroe County Code Section 139 -2 (affordable housing incentive program), as
recommended by the Affordable Housing Advisory Committee, to limit the transfer of ROGO
exemptions from mobile homes to only tier III designated platted lots within the Improved Subdivision
(IS) land use district and within the same ROGO planning subarea for the development of single
family detached dwelling units; and
WHEREAS, the County's updated land development code became effective on February 3,
2017; and
WHEREAS, an ordinance addressing the interim time period between the current adopted land
development code and the adoption of the amendment to Section139 -2 as recommended of the
Affordable Housing Advisory Committee and the BOCC, is necessary to ensure that the new code
requirements are fully evaluated to ensure public health, safety, and welfare of the citizens of
unincorporated Monroe County, including the provision of public participation in the planning process;
and
WHEREAS, the Monroe County Board of County Commissioners, at a regular meeting on
February 15, 2017 in Key West, Florida, directed staff to impose a temporary moratorium upon certain
development applications proposing to utilize Monroe County Code Section 139 -2 (affordable housing
incentive program) to transfer ROGO exemptions from mobile homes to another location; and
2017 -054 Page 3 of 5
WHEREAS, the Monroe County Board of County Commissioners adopted Resolution 088-
2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directed staff to process an
ordinance to impose a temporary moratorium deferring the approval of new private applications or
received applications that are not yet approved, proposing to utilize Monroe County Code Section 139-
2 (Affordable Housing Incentive Program) or Section 138 -22(b) (Transfer of ROGO exemptions off
site) to transfer market rate units to another location;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY:
Section 1. Moratorium Imposed. Monroe County Planning and Environmental Resource Department
shall defer the approval of new private applications or received applications that are not yet approved,
commencing March 15, 2017, utilizing:
1. Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) to transfer ROGO
exemptions from mobile homes to another location; or
2. Monroe County Code Section 138 -22(b) (Transfer of ROGO exemptions off site) to transfer
market rate units after an affordable housing unit has been awarded to another location
until the Land Development Code is amended to:
a. Limit the transfer of Market Rate ROGO exemptions to property that meets all of the
following criteria:
receiver site is a Tier III designated platted lot; and
ii. receiver site is a platted lot within the Improved Subdivision (IS) Land Use District or
the Urban Residential Mobile Home (URM) Land Use District; and
iii. receiver site is a platted lot located within the same ROGO planning subarea; and
iv. receiver site property is not a working waterfront;
as recommended by the Affordable Housing Advisory Committee and the BOCC; Providing for
expiration within 365 days of the effective date of an interim development ordinance or when the Land
Development Code amendments become effective, whichever comes first.
Section 2. Term. The moratorium imposed by this Ordinance is temporary and, unless
dissolved earlier by the Board of County Commissioners, shall automatically dissolve upon the
adoption of Land Development Code amendments. In no event, however, shall the moratorium
imposed by this Ordinance extend beyond 365 days from the effective date of this ordinance.
Section 3. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause of phrase of this Ordinance shall for any reason be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that
this Ordinance shall stand notwithstanding the invalidity of any part.
2017 -054 Page 4 of 5
Section 4. Transmittal. This ordinance shall be transmitted to the Florida State Land Planning
Agency as required by F.S. 380.05(11) and F.S. 380.0552(9).
Section 5. Filing and an Effective Date. The provisions of this Ordinance constitute a "land
development regulation" as State law defines that term. This ordinance shall be filed in the Office of
the Secretary of State of Florida, but shall not become effective until a notice is issued by the State
Land Planning Agency or Administration Commission finding the amendment in compliance, and if
challenged until such challenge is resolved pursuant to Chapter 120, F.S.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida, at a regular meeting held on the 19th day of July , 2017.
Mayor George Neugent Yes
Mayor Pro Tem David Rice Yes
Commissioner Danny L. Kolhage Yes
Commissioner Heather Carruthers Yes
Commissioner Sylvia Murphy Yes
A
MADOK, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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Mayor George Neugent
DEPUTY CLERK
MONK E COUNTY ATTO NEY
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MADOK, CLERK
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DEPUTY CLERK
MONK E COUNTY ATTO NEY
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2017 -054
Page 5 of 5
CART f
Kevin Madok, cPA
Clerk of the Circuit Court & Comptroller Monroe County, Florida C
August 2, 2017
Department of State
Administrative Code & Register
500 S Bronough Street
Tallahassee FL 32399 -0250
To Whom It May Concern,
Attached is an electronic copy of Ordinance No. 011 -2017 to defer the approval of new
private applications or received applications that have not been fully approved utilizing Monroe
County Code Section 139 -2 (Affordable Housing Incentive Program) to transfer ROGO
exemptions from mobile homes to another location, or Section 138 -22(b) to transfer off -site
market rate units to another location, commencing March 15, 2017, until the Land Development
Code is amended to limit the transfer of ROGO exemptions from mobile homes to only Tier III
designated platted lots within the Improved Subdivision (IS) Land Use District or the Urban
Residential Mobile -Home (URM) Land Use District and within the same ROGO planning
subarea for the development of a single family detached dwelling units and the receiver property
shall not be a working waterfront; as recommended of the Affordable Housing Advisory
Committee and the BOCC; providing for the expiration with 365 days of the effective date of
this interim development Ordinance or when the Land Development Code amendments become
effective, whichever comes first; providing for severability; providing for transmittal to the State
Land Planning Agency and the Secretary of State; providing for an effective date.
This Ordinance was adopted by the Monroe County Board of County Commissioners at a
regular meeting, held in formal session, on July 19, 2017. Should you have any questions, please
feel free to contact me at (305) 295 -3130.
Respectfully Submitted,
Kevin Madok, CPA, Clerk of
the Circuit Court & Comptroller &
ex- officio to the Monroe County
Board of County Commissioners
by: Pamela G. Hancock, D.C.
cc: Growth Management
County Attorney
BOCC
File
KEY WEST MARATHON PLANTATION KEY
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway
Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070
305- 294 -4641 305- 289 - 6027 305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Km Florida 33070
305 Packet Pg. 2123
JIM S�
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FLORIDA DEPARTMENT 0 f STATE
RICK SCOTT
Governor
August 3, 2017
Honorable Kevin Madok
Clerk of the Circuit Court
Monroe County
500 Whitehead Street, Suite 101
Key West, Florida 33040
Attention: Ms. Pam Hancock
Dear Mr. Madok:
KEN DETZNER
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Monroe County Ordinance No. 011 -2017, which was filed in this office on August 3,
2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399 -0250
Telephone: (850) 245 -6270
www.dos.state.ft.us Pacl
Final Order No. DEO -17 -144
STATE OF FLORIDA
DEPARTMENT OF ECONOMIC OPPORTUNITY
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In re: A LAND DEVELOPMENT REGULATION
ADOPTED BY MONROE COUNTY, FLORIDA,
i5E
ORDINANCE NO. 011 -2017
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FINAL ORDER
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APPROVING MONROE COUNTY ORDINANCE NO. 011-2017
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The Department of Economic Opportunity ( "Department ") hereby issues its Final Order,
pursuant to sections 380.05(6) and 380.0552(9), Florida Statutes, approving land development
regulations adopted by Monroe County, Florida, Ordinance No. 011 -2017 (the "Ordinance ")
FINDINGS OF FACT
The Florida Keys Area is designated by section 380.0552, Florida Statutes, as an
area of critical state concern. Monroe County is a local government within the Florida Keys Area.
2. The Ordinance was adopted by Monroe County on July 19, 2017, and rendered to
the Department on August 8, 2017.
3. The Ordinance amends the Monroe County Land Development Code ( "Code ") by
deferring the processing of applications submitted to Monroe County pursuant to Sections 139 -2
and 138- 22(b), Monroe County Code, for no more than 365 days from the date of the Ordinance.
CONCLUSIONS OF LAW
4. The Department is required to approve or reject land development regulations that
are adopted by any local government in an area of critical state concern. Sections 380.05(6), and
380.0552(9), Florida Statutes.
1
Final Order No. DEO -17 -144
5. "Land development regulations" include local zoning, subdivision, building, and
other regulations controlling the development of land. Section 380.031(8), Florida Statutes. The
regulations adopted by the Ordinance are land development regulations.
6. The Ordinance is consistent with the Monroe County Comprehensive Plan
generally, and specifically, Objective 101.5 and Policy 601.1.9, as , required by section
163.3177(1), Florida Statutes.
7. All land development regulations enacted, amended, or rescinded within an area of
critical state concern must be consistent with the principles for guiding development for that area.
Sections 380.05(6) and 380.0552(9), Florida Statutes. The Principles for Guiding Development
for the Florida Keys Area of Critical State Concern are set forth in section 380.0552(7), Florida
Statutes.
8. The Ordinance is consistent with the Principles for Guiding Development as a
whole, and specifically complies with the following:
(a) Strengthening local government capabilities for managing land use and
development so that local government is able to achieve these objectives without
continuing the area of critical state concern designation.
(1) Making available adequate affordable housing for all sectors of the population
of the Florida Keys.
(n) Protecting the public health, safety, and welfare of the citizens of the Florida
Keys and maintaining the Florida Keys as a unique Florida resource.
WHEREFORE, IT IS ORDERED that the Department finds that Monroe County
Ordinance No. 011 -2017 is consistent with the Monroe County Comprehensive Plan and Principles
for Guiding Development for the Florida Keys Area of Critical State Concern and is hereby
APPROVED
This Order becomes effective 21 days after publication in the Florida Administrative
OA
Final Order No. DEO -17 -144
Register unless a petition is timely filed as described in the Notice of Administrative Rights below.
DONE AND ORDERED in Tallahassee, Florida.
/ mes D. Stansbury, Chief
ureau of Community Planning and Growth
Department of Economic Opportunity
NOTICE OF ADMINISTRATIVE RIGHTS
ANY PERSON WHOSE SUBSTANTIAL INTERESTS ARE AFFECTED BY THIS ORDER
HAS THE OPPORTUNITY FOR AN ADMINISTRATIVE PROCEEDING PURSUANT TO
SECTION 120.569, FLORIDA STATUTES.
FOR THE REQUIRED CONTENTS OF A PETITION CHALLENGING AGENCY ACTION,
REFER TO RULES 28- 106.104(2), 28- 106.201(2), AND 28- 106.301, FLORIDA
ADMINISTRATIVE CODE.
DEPENDING ON WHETHER OR NOT MATERIAL FACTS ARE DISPUTED IN THE
PETITION, A HEARING WILL BE CONDUCTED PURSUANT TO EITHER SECTIONS
120.569 AND 120.57(1), FLORIDA STATUTES, OR SECTIONS 120.569 AND 120.57(2),
FLORIDA STATUTES.
ANY PETITION MUST BE FILED WITH THE AGENCY CLERK OF THE DEPARTMENT
OF ECONOMIC OPPORTUNITY WITHIN 21 CALENDAR DAYS OF THE FINAL ORDER
BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER. A PETITION IS
FILED WHEN IT IS RECEIVED BY:
AGENCY CLERK
DEPARTMENT OF ECONOMIC OPPORTUNITY
OFFICE OF THE GENERAL COUNSEL
107 EAST MADISON ST., MSC 110
TALLAHASSEE, FLORIDA 32399 -4128
FAX 850- 921 -3230
YOU WAIVE THE RIGHT TO ANY ADMINISTRATIVE PROCEEDING IF YOU DO NOT
FILE A PETITION WITH THE AGENCY CLERK WITHIN 21 CALENDAR DAYS OF THE
FINAL ORDER BEING PUBLISHED IN THE FLORIDA ADMINISTRATIVE REGISTER.
3
Final Order No. DEO -17 -144
CERTIFICATE OF FILING AND SERVICE
I HEREBY CERTIFY that the original of the foregoing Final Order has been filed with the
undersigned designated Agency Clerk, and that true and correct copies have been furnished to the
following persons by the methods indicated this 40 '�- 4 day of October, 2017.
Agenc Clerk
Department of Economic Opportunity
107 East Madison Street, MSC 110
Tallahassee, FL 32399 -4128
By Certified U.S. Mail
The Honorable George Neugent
Mayor, Monroe County
PO Box 1980
Key West, Florida 33041
Kevin Madok, Clerk
Monroe County
Board of County Commissioners
PO Box 1980
Key West, Florida 33041
4
45
46
Resolution #P11 -18
File #2018 -089
Page 1 of 4
1
WHEREAS, the Monroe County Board of County Commissioners (BOCC) adopted
2
Resolution 088 -2017, at a regular meeting on March 15, 2017 in Key Largo, Florida, directing
3
staff to process an ordinance to impose a temporary moratorium deferring the approval of new
4
private applications or received applications that are not yet approved, proposing to utilize
5
Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138-
6
22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location;
7
and
8
9
WHEREAS, the BOCC adopted Ordinance 011 -2017 at a regular meeting on July 19,
10
2017 in Marathon, Florida, imposing a temporary moratorium deferring the approval of new
11
private applications or received applications that are not yet approved, proposing to utilize
12
Monroe County Code Section 139 -2 (Affordable Housing Incentive Program) or Section 138-
13
22(b) (Transfer of ROGO exemptions off site) to transfer market rate units to another location;
14
and
15
Z
16
WHEREAS, on April 19, 2018, at the regularly scheduled meeting, the BOCC gave
,
17
direction to staff to process proposed text amendments to the Comprehensive Plan and Land
18
Development Code to incentivize the development of affordable housing by allowing the
19
issuance of affordable housing ROGO allocations to Tier I, Tier II, Tier III and Tier III -A
20
designated parcels in order to replace market rate dwelling units with a deed - restricted affordable
0
21
housing dwelling units; and
22
23
WHEREAS, since the adoption of Ordinance 011 -2017, there have been instances in
0
CL
2 4
which an--applicant—seeks to transfer__ aoexisting- market-rate—R-OGCZexemptiootoan—of-- site_
25
location and redevelop the property with a deed - restricted affordable dwelling unit; and
26
27
WHEREAS, the interim development Ordinance 011 -2017 prohibits the ability to
Go
28
transfer the market -rate ROGO exemption at this time, and therefore does not allow the owner to
29
realize the full potential of the incentives the BOCC wishes to offer for redevelopment of homes
30
with deed restricted affordable units; and
31
i
32
WHEREAS, the BOCC seeks to reduce the scope of Ordinance 011 -2017 so that market
33
rate ROGO transfers consistent with the intent of the adopted moratorium may be allowed at this
34
time, prior to adoption of the directed land development code amendments through a separate
35
resolution; and
36
37
WHEREAS, Monroe County policies and regulations adopted in the Monroe County
38
Comprehensive Plan and Land Development Code are to maintain public health, safety, and
39
welfare of the citizens of the Florida Keys and to strengthen our local government capability to
40
manage land use and development; and
41
42
WHEREAS, the Monroe County Development Review Committee (DRC) will consider
43
the proposed amendments at a regularly scheduled meeting held on the 24 day of July, 2018;
44
and
45
WHEREAS, staff is recommending approval of extension to the interim development
46
ordinance for 365 days or until an ordinance amending the Comprehensive Plan and Land
Resolution #P1V18 Page 2 of 4
File #2018 -089
I Development Code to add such County regulations is adopted and becomes effective, whichever
2 comes first; and
3
4 WHEREAS, the Monroe County Planning Commission held a public hearing on the 25
5 day of July, 2018, for review and recommendation on the proposed amendment; and
6
7 WHEREAS, the Planning Commission was presented with the following documents and
8 other information relevant to the request, which by reference is hereby incorporated as part of the
9 record of said hearing:
10 1. Staff report prepared by Cheryl Cioffari, Principal Planner, dated July 1. 1, 2018;
11 2. Sworn testimony of Monroe County Planning & Environmental Resources
12 Department staff; and
13 3. Advice and counsel of Steve Williams, Assistant County Attorney, and Thomas
14 Wright, Planning Commission Counsel; and
15
16 WHEREAS, based upon the information and documentation submitted, the Planning
17 Commission makes the following Findings of Fact and Conclusions of Law:
18
19 1. The proposed amendment is consistent with the Goals, Objectives and Policies of the
20 Monroe County Year 2030 Comprehensive Plan; and
21 2. The proposed amendment is consistent with the Principles for Guiding Development
22 for the Florida Keys Area of Critical State Concern, Sec. 380.0552(7), F.S.; and
23 3. The proposed amendment is consistent with Part 11 of Chapter 163, Florida Statute;
24 and
25 4. The proposed amendment is necessary due to new issues, as required by Section 102-
26 158 of the Monroe County Code.
27
28 NOW THEREFORE, E IT RESOLVED BY THE PLANNING COMMISSION OF
29 MONROE COUNTY, FLORIDA, the Monroe County Planning Commission recommends
30 approval of the proposed extension to the interim development ordinance for 365 days or until an
31 ordinance amending the Comprehensive Plan and Land Development Code to add such County
32 regulations is adopted and becomes effective, whichever comes first.
33
34
35 PASSED AND ADOPTED BY THE PLANNING COMMISSION of Monroe County,
36 Florida, at a regular meeting held on the 25 day of July, 2018.
37
38 Denise Werling, Chair
39 William Wiatt, Commissioner
40 Beth Ramsey- Vickrey, Commissioner
41 Teri Johnston, Commissioner
42 Ron Miller, Commissioner lee
43
44
Resolution #PM -18 Page 3 of 4
File #2018 -089
7 Monroe County Planning Commission Attorney
8 A ved As To Form
FILED IT THE
10 Date: 7 25 r
UUL 2 J 2018
WNIMEORM
Resolution #M\ -18 Page 4 of 4
File #2018 -089